Защита на трето лице при въвод във владение на купувача на недвижим имот от публична продан (чл. 498 гпк)
Protection of the third party upon entry into possession of the buyer of a real estate on public sale (article 498 cpc)

Author(s): Gyulbahar Kesedzhi
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: public sale; buyer from a public sale; third person; property claim; claim for protection of debenture rights;
Summary/Abstract: After the entry into force of the act of enforcement agent for assignment of real estate and presentation to him of the evidence under Art. 498, para. 1, assoc. 2, the buyer of the public sale shall be put into possession. Entry is made against any person who is in the property, and the latter can protect their rights only with a claim for ownership. It is available to the person who on the day of entry into possession of the buyer by public sale, owns the property and is not bound by the subjective limits of the writ of execution issued against the debtor in the enforcement process, or is the person under Art. 498, para. 3 CPC. The third person under 498 para. 2 or para 3 CPC do not have the rights under art. 435, para. 5, Art. 523, para. 2 and Art. 524 CPC.

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